Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Arbitration and Conciliation Act, 1996, Section 11(6), 46(1), Limitation Act, 1963, Article 55 -- Application u/s 11(6) of the Act - Limitation - Initiation of proceedings u/s 138 of the N.I Act are separate and independent proceedings from arbitration proceedings that arise from two separate causes of action - Therefore, institution of proceedings u/s 138 of N.I. Act does..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 63, 305 -- Dishonour of cheque - Offence by Company - Whenever a Company is accused u/s 138 of the Act then summons has to be issued in the name of company and service of the same can be effected by serving it on the Principal Officer or Local Manager of Company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm was arrayed as an accused but summons was issued to its partner personally - It is not a proper service for firm because partner was not impleaded as accused in the complaint - Summoning order and non-bailable warrant issued against partner quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Challan stands presented and charges are yet to be framed - Trial is prolonged and likely to take long time, as out of 13 PWs none has been examined - Accused already suffered sufficient period in custody and is not involved in any other case..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Order to pay 20% of cheque amount as compensation - Order passed mechanically without any application of mind and/or otherwise recording the reasons as to why accused is directed to pay interim compensation - Impugned order set aside...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Third bail application - Contraband - Petitioner made accused only on the basis of statement of co-accused - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Inventory of seized contraband article was not prepared prior to forwarding the sample of contraband to FSL - Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient for compliance of the mandate of S.52-A(2) of the..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of total fine amount - There was no exceptional circumstances which were found by appellate Court in not directing for deposit of 20% of total fine - Order directing to deposit 20% of fine amount is proper - Petition for quashing dismissed...........
